BROOKLYN, New York (WABC) -- There is outcry and growing criticism of the NYPD after a police shooting in the subway system on Sunday left one bystander in critical condition. The suspect is also in critical condition. An officer and one other bystander were also hurt.
The family of the bystander hit by police gunfire calls the action of cops reckless and they're demanding to see the bodycam video.
Officials laid out a detailed timeline, explaining that NYPD officers had not one, but two interactions with the suspect, 37-year-old Derell Mickles at the Sutter Avenue train station.
Wednesday night, the family of critically injured bystander Gregory Delpeche, along with angry protestors, spoke out in Union Square. They then moved from Union Square to Washington Square Park.
They jumped the subway turnstiles to bring attention to what they say was a reckless reaction by the NYPD for shooting a man over doing the same thing. Sixteen people were arrested.
Police say after catching Mickels jumping the turnstile, they asked him to leave and he did.
However, 10 minutes later, Mickels came back holding a knife. This time he was not willing to leave or drop his weapon, police said.
Officers say they asked him 38 times to drop the knife. They followed Mickels back into the station, and that's when the suspect allegedly approached the officers.
The officers first fired their Tasers, which were ineffective. Then, they fired their guns.
"And before he deployed the Taser, it's important to note that he told the suspect to drop the knife," said NYPD Deputy Commissioner of Operations Kaz Daughtry. "Both officers. Not once, not twice, not three times, but 38 times."
Mickels was critically injured. A 26-year-old was grazed by a bullet and 49-year-old Gregory Delpeche is critical after being shot in the head. The officer was not seriously hurt.
"As depicted on body-worn camera. Mr. Mickels charged one of the officers and then turned around. The other officer was standing there within approximately five feet. At this time, they both discharged their weapons," said NYPD Chief of Patrol John Chell.
Tuesday night, 18 people were taken into custody during a protest. Seventeen were summonsed for disorderly conduct and another received a desk appearance ticket for criminal possession of a controlled substance.
Top NYPD brass tried to fend off the criticism on Wednesday.
"This is fast-moving, fast-paced, and a stressful situation, and we did the best, we did the best we could to protect our lives and the lives of the people on that train," Chell said.
Chell said the incident "was not about fare evasion," but rather an incident about "a person in mental stress armed with a deadly weapon."
Mayor Eric Adams on Wednesday once again defended the officers' actions.
"Idealism is not realism. Policing is a very complicated series of events that unfold at a pace that is unimaginable," Adams said.
The NYPD has not yet released the body-worn camera their critics have clamored for but said during their press conference on Wednesday that they plan to release it by the end of the week
They say it has to be seen by a Brooklyn grand jury first.
In the meantime, NYPD officials are calling what happened to Delpeche a tragedy.
Eyewitness News spoke to Liakas on Thursday. He said the NYPD failed to talk about what their responsibility is when they fire their guns in a public space and harm innocent bystanders.
"This unnecessary tragedy could have been avoided had they employed proper de-escalation measures," said Delpeche's attorney Nick Liakas. "We are here today because the city of New York has failed to take responsibility for the actions of its officers. We are here to ask for a full investigation."
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